[Ord. No. 349, §1]
These regulations shall be known as the "Dangerous and Unsafe
Structure Ordinance" of the city.
[Ord. No. 349, §2]
It is the purpose of this article to provide a just, equitable
and practicable method for the repairing, vacation or demolition of
buildings or structures which may endanger the life, limb, health,
property, safety or welfare of the occupants of such buildings or
the general public, and this article shall apply to all dangerous
buildings, as herein defined, which are now in existence or which
may hereafter exist in the city.
[Ord. No. 349, §3]
All buildings or structures which have any or all of the following
defects shall be deemed "dangerous buildings".
(a)
Those whose interior walls or other vertical structural members lift,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
(b)
Those which, exclusive of the foundation, show thirty-three percent
or more of damage or deterioration of the supporting member or members,
or fifty percent of damage or deterioration of the nonsupporting enclosing
or outside walls or covering.
(c)
Those which have improperly distributed loads upon the floors or
roofs, or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
(d)
Those which have been damaged by fire, wind or other causes so as
to become dangerous to life, safety or the general health and welfare
of the occupants or the people of the city.
(e)
Those which are so dilapidated, decayed, unsafe, unsanitary or which
so utterly fail to provide the amenities essential to decent living
that they are unfit for human habitation, or are likely to cause sickness
or disease, so as to work injury to the health, safety or welfare
of those occupying such building.
(f)
Those having light, air and sanitation facilities which are inadequate
to protect the health, safety or general welfare of human beings who
live or may live herein.
(g)
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
(h)
Those which have parts thereof which are so attached that they may
fall or injure members of the public or property.
(i)
Those which because of their condition are unsafe, unsanitary or
dangerous to the health, safety or general welfare of the people of
this city.
[Ord. No. 349, §4]
All dangerous buildings within the terms of section 5-6 are
hereby declared to be public nuisances and shall be repaired, vacated
or demolished as provided herein.
[Ord. No. 349, §5]
The following standards shall be followed in substance by the
building commissioner and the board of aldermen, in ordering repair,
vacation or demolition of any dangerous building:
(a)
If the dangerous building can reasonably be repaired so that it will
no longer exist in violation of the terms of this article, it shall
be ordered repaired.
(b)
If the dangerous building is in such condition as to made it dangerous
to the health, safety or general welfare of its occupants, it shall
be ordered to be vacated and repaired.
(c)
In all cases where a building cannot be repaired so that it will
no longer exist in violation of the terms of this article, it shall
be demolished.
(d)
In all cases where a dangerous building is a fire hazard existing
or erected in violation of the terms of this article or any ordinance
of this city or statute of the state, it shall be repaired or demolished.
[Ord. No. 349, §6]
The building commissioner shall have the duty under this article
to:
(a)
Inspect or cause to be inspected, as often as may be necessary, all
residential, institutional, assembly, commercial, industrial, garage,
special or miscellaneous occupancy buildings for the purpose of determining
whether any conditions exist which render such places a dangerous
building when he has reasonable grounds to believe that any such building
is dangerous.
(b)
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this article, and the building
commissioner shall determine if there are reasonable grounds to believe
that such building is dangerous.
(c)
Inspect any building, wall or structure reported by fire or police
departments of this city as probably exiting in violation of this
article.
(d)
Notify in writing, either by personal service or by certified mail,
return receipt requested, or if service cannot be had by either of
these modes of service, it may be had by publication for two successive
weeks in a newspaper qualified to publish legal notices, the owner,
occupant, lessee, mortgagee, agent and all other persons having an
interest in said building as shown by the land records of the recorder
of deeds of the county, of any building found by him to be a dangerous
building within the standards set forth in section 5-6.
The notice required shall state that (1) the owner must repair,
vacate and repair or vacate and demolish such building in accordance
with the terms of the notice and this article; (2) the occupant or
lessee must vacate such building or have it repaired in accordance
with the notice and remain in possession; (3) the mortgagee, agent
or other persons having an interest in such building as shown by the
land records of the recorder of deeds of the county wherein the land
is located, may, at his own risk, repair, vacate or demolish or have
such work done; provided, that any person notified under this subsection
to repair, vacate or demolish any building shall be given such reasonable
time not exceeding thirty days to commence the required work unless
in the judgment of the building commissioner it is determined to be
necessary to extend such time to commence the work. A reasonable time
for completion of such work shall be determined by the building commissioner.
(e)
The notice provided for in this section shall state a description
of the building or structure deemed dangerous, a statement of the
particulars which make the building or structure a dangerous building
and an order requiring the designated work to be commenced within
the time, or extension thereof, provided for in the above subsection.
(f)
Report in writing to the board of aldermen the noncompliance with
any notice to vacate, repair or demolish.
(g)
Appear at all hearings conducted by the board of aldermen and testify
as to the condition of dangerous buildings.
(h)
Immediately report to the board of aldermen concerning any building
found by him to be inherently dangerous and which he determines to
be a nuisance per se. By resolution, the board of aldermen may direct
that such building be marked or posted with a written notice reading
substantially as follows:
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"This building has been found to be a dangerous building by
the building commissioner. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice which has been given the owner, occupant, lessee, mortgagee
or agent of this building, and all other persons having an interest
in said building as shown by the land records of the recorder of deeds
of St. Louis County. It is unlawful to remove this notice until such
notice is complied with."
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Provided, however, that the adoption of such a resolution by
the board of aldermen and the posting of such notice shall not be
construed to deprive all persons entitled thereto by this article
to the notice and hearing prescribed herein.
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[Ord. No. 349 §7]
The board of aldermen shall have the power pursuant to this
article to:
(a)
Supervise all inspections required by this Article, and cause the
Building Commissioner to make inspections and perform all the duties
required of him by this Article. Upon receiving a complaint or report
from any source, that a dangerous building exists in the City, it
shall cause an inspection to be made forthwith. If it deems it necessary
to the performance of its duties and responsibilities imposed herein,
it may request an inspection and report be made to it by any other
City department or retain services of an expert whenever it deems
such service necessary.
(b)
Upon receipt of a report of the Building Commissioner, give written
notice either by personal service or by certified mail, return receipt
requested, or by publication for two (2) successive weeks, in a newspaper
qualified to publish legal notices, at least twenty-one (21) days
in advance of a hearing date, to the owner, occupant, mortgagee, lessee,
agent and all other persons having an interest in such building as
shown by the land records of the Recorder of Deeds of the County wherein
the land is located, to appear before it on the date specified in
the notice to show cause why the building or structure reported to
be a dangerous building should not be repaired, vacated or demolished
in accordance with the statement of particulars set forth in the Building
Commissioner's notice provided for herein.
(c)
Upon receipt of a report of the Building Commissioner and after having
given the notice required, the Board of Aldermen shall hold a hearing
and hear such testimony as the Building Commissioner and the owner,
occupant, mortgagee, lessee or any other person having an interest
in such building as shown by the land records of the Recorder of Deeds
of the County wherein the land is located, shall offer relative to
the dangerous building. A record of testimony at the hearing shall
be made.
(d)
Make written findings of fact from the evidence offered at such hearing
as to whether or not the building in question is a dangerous building
within the terms of Section 5-6 hereof.
(e)
If the evidence supports a finding based upon competent and substantial
evidence that the building or structure is a dangerous building, the
Board of Aldermen shall issue an order based upon its findings of
fact commanding the owner, occupant, mortgagee, lessee, agent or other
persons having an interest in such building as shown by the land records
of the County wherein the land is located, to repair, vacate or demolish
any building found to be a dangerous building; provided, that any
person so notified shall have the privilege of either repairing or
vacating and repairing such building, if such repair will comply with
the ordinances of this City or the owner or any person having any
interest in such building as shown by the land records of the County
wherein the land is located may vacate and demolish such dangerous
building at his own risk to prevent the acquiring by the City of the
lien against the land where the dangerous building stands. If the
evidence does not support a finding that a building or structure is
a dangerous building, no order shall be issued.
(f)
If the owner, occupant, mortgagee or lessee fails to comply with
the order within thirty (30) days, the Board of Aldermen shall cause
building or structure to be repaired, vacated or demolished as the
facts may warrant; and the Board of Aldermen shall certify the charge
for such repair, vacation or demolition to the City Clerk as a special
assessment represented by a special tax bill against the real property
affected; such tax bill shall be a lien upon such property and be
enforced to the same extent and in the same manner as all other special
tax bills. At the request of the taxpayer, this special tax bill may
be paid in installments over a period of not more than ten (10) years;
such assessment shall bear interest at the rate of eight percent (8%)
per annum until paid.
[Ord. No. 349 §8]
Any owner, occupant, lessee, mortgagee, agent or any other person
having an interest in a dangerous building as shown by the land records
of the Recorder of Deeds of the County wherein the land is located,
may, within thirty (30) days from the receipt of the order of the
Board of Aldermen, appeal such decision to the Circuit Court of the
County wherein the land is located, pursuant to the procedure established
in Chapter 536 of the Revised Statutes of Missouri.
[Ord. No. 349 §9]
In cases where it reasonably appears that there is immediate
danger to the health, life or safety of any person unless a dangerous
building as defined herein is immediately repaired, vacated or demolished,
the Building Commissioner shall report such facts to the Board of
Aldermen, and the Board of Aldermen, by resolution, may cause the
immediate boarding up of all openings, repair, vacation or demolition
of such dangerous building. The costs of such emergency boarding up,
repair, vacation or demolition of such dangerous building shall be
collected in the same manner as provided in Section 5-10, Subsection
(f).
[Ord. No. 349 §15]
This Article is enacted pursuant to authority granted in Section
67.400 et seq., of the Revised Statutes of Missouri, 1969.
